1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of additional payment shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. Around 11:20 on March 24, 2015, the Plaintiff’s driver, who driven the Plaintiff’s vehicle, was getting out of an underground parking lot (hereinafter “instant parking lot”) at the access road to the A-dong Underground Parking Lots in Seongbuk-gu, Seongbuk-gu, Seongbuk-si, Sungnam-si, caused an accident that contacts the front part of the Defendant’s left side of the Defendant’s vehicle, which was going back to the ground surface with the median line and the upper part of the lower part of the Plaintiff’s left side of the vehicle (hereinafter “instant accident”).

C. On March 31, 2015, the Plaintiff paid KRW 1,074,00 in total as medical expenses and repair expenses incurred from the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 1 and the purport of the whole pleadings

2. According to the facts of the above recognition and each of the above evidence, it is reasonable to view that the accident in this case was caused by the principal mistake of the driver of the Defendant vehicle driving in the central line.

However, in a case where the Plaintiff’s driver, who is also a driver of the instant parking lot, honded by a bend, closely displayed the front door while driving the instant parking lot, it appears that the occurrence of the instant accident or the expansion of damage could have been avoided. In light of the developments leading up to the occurrence of the instant accident, the width and shape of the passage of the instant parking lot, and the degree and degree of the damage to each of the instant vehicles, it is reasonable to view that the fault ratio of the Plaintiff’s driver and the Defendant’s driver is 10:90.

Therefore, the Defendant, who is the insurer of the Plaintiff’s vehicle, insurance money for KRW 966,60,60 (=1,074,000 x 90%) and KRW 751,800, which is the amount cited in the judgment of the first instance court, out of the insurance money paid by the Plaintiff due to the instant accident.